{"id":"F2018L01111","name":"PGPA Act Determination (Austrade SOETM Special Account 2018)","slug":"pgpa-act-determination-austrade-soetm-special-account-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439719,"registerId":"F2018L01111-fast-fetch-1775955635249","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Austrade SOETM Special Account 2018)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nPGPA Act Determination (Austrade SOETM Special Account 2018)\n\nI, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following determination.\n\nDated  08 / 08 / 2018\n\nMATHIAS HUBERT PAUL CORMANN\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Establishment \n\n1  Name ...................................................\n\n2  Commencement.............................................\n\n3  Authority.................................................\n\n4  Definitions................................................\n\n5  Establishment of the special account................................2\n\n6  Accountable authority responsible for the special account....................2\n\nPart 2—Special account credits and debits 2\n\n7  Amounts that may be credited to the special account.......................2\n\n8  Purposes of the special account...................................2\n\nPart 3—Transitional and Repeal Provisions 3\n\n9  Opening balance of the special account...............................3\n\n10  Repeal of the SOETM instrument.................................3\n\n11  Additional repeal provisions....................................3\n\n \n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Austrade SOETM Special Account 2018).\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The day mentioned in paragraph 79(5)(a) of the Act. |  |\n\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the Act.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Public Governance, Performance and Accountability Act 2013.\n\nAustrade means the Australian Trade and Investment Commission.\n\ncorporate Commonwealth entity has the same meaning as in paragraph 11(a) of the Act.\n\nCommonwealth company has the same meaning as in subsection 89(1) of the Act.\n\ndate of repeal means the date on which subclause 11(1) takes effect.\n\nopening balance means the amount that is required to be credited to the special account under clause 9.\n\nSOETM means Services for Other Entities and Trust Moneys.\n\nSOETM account means the Services for Other Entities and Trust Moneys – Department of Resources, Energy and Tourism Special Account, which was established by the SOETM instrument.\n\nSOETM instrument means the Financial Management and Accountability Determination 2008/05 – Services for Other Entities and Trust Moneys – Department of Resources, Energy and Tourism Special Account Establishment 2008.\n\nthe special account means the Austrade SOETM Special Account 2018.\n\n5  Establishment of the special account\n\n  For subsection 78(1)(a) of the Act, the Austrade SOETM Special Account 2018 is established as a special account (the special account).\n\n6  Accountable authority responsible for the special account\n\n  For subsection 78(1)(d) of the Act, the accountable authority responsible for the special account is the Chief Executive Officer of Austrade.\n\nPart 2—Special account credits and debits\n\n \n\n7  Amounts that may be credited to the special account\n\n  For subsection 78(1)(b) of the Act, the following amounts may be credited to the special account:\n\n (a) an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n\n (b) an amount received in the course of the performance of functions that relate to one or more purposes of the special account;\n\n (c) an amount received from any person for one or more purposes of the special account.\n\n8  Purposes of the special account\n\n  For subsection 78(1)(c) of the Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are:\n\n1.                      to disburse an amount held on trust or otherwise for the benefit of a person other than the Commonwealth;\n2.                      to disburse an amount in connection with services performed for a corporate Commonwealth entity, Commonwealth company or another government;\n3.                      to disburse an amount in connection with joint activities performed on behalf of another government, organisation or person;\n4.                      to disburse an amount in connection with an agreement between the Commonwealth and another government;\n5.                      to repay an amount where a court order, Act or other law requires or permits the repayment of an amount received;\n6.    to reduce the balance of the special account (and, therefore, the available appropriation for the special account) without making a real or notional payment.\n\n\nPart 3—Transitional and Repeal Provisions\n\n \n\n9  Opening balance of the special account\n\n1.               For paragraph 78(1)(b) of the Act, the amount in subclause 9(2) (opening balance) is required to be credited to the special account on the date of its establishment.\n2.               The opening balance is equal to the amount standing to the credit of the SOETM account immediately prior to the repeal of the SOETM instrument.\n\n\n10  Repeal of the SOETM instrument\n\n  For subsection 78(3) of the Act, the SOETM instrument is repealed.\n\n11  Additional repeal provisions\n\n1.               For subsection 78(3) of the Act, Part 3 of this instrument is repealed at the end of the seventh day after the repeal of the SOETM instrument (date of repeal).\n2.               For subsection 78(3) of the Act, the following definitions in clause 4 are repealed on the date of repeal:\n\n\n1.                      definition of date of repeal;\n2.                      definition of opening balance;\n3.                      definition of SOETM account;\n4.                      definition of SOETM instrument.\n\n\n (3) Despite subclause 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessor instrument. It is a direct replacement of the 2008 SOETM account (from the abolished Department of Resources, Energy and Tourism) with functionally identical purposes and crediting/debiting rules. The transitional provisions ensure continuity without expanding the account's purpose or use."},"complexity_factors":["Short instrument: only 11 clauses across 3 Parts","Minimal defined terms: 8 definitions in clause 4, several of which are self-explanatory or reference standard PGPA Act concepts","Straightforward structure: establishment, credits/debits, transitional provisions","Limited conditional logic: only one nested condition (subclause 11(3) preserving effects despite repeal)","Single cross-reference: relies on the PGPA Act 2013 for underlying authority, with explicit subsection citations","Self-terminating provisions: Part 3 and certain definitions automatically repeal after 7 days, simplifying long-term interpretation"],"plain_english_summary":"This creates the \"Austrade SOETM Special Account 2018,\" a dedicated bank account enabling Austrade to hold and spend money it receives on behalf of others (trusts, payments for services to other government bodies, agreements with other governments) for specified purposes, with the Austrade CEO legally responsible for its management.  \n\nIt replaces an old SOETM account from a defunct department, ensuring funds transfer smoothly and continued lawful management of those monies."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument replaces and repeals the earlier SOETM instrument and re-establishes the special account under Austrade (CEO as accountable authority), transferring the opening balance from the former SOETM account. The core permitted credits and debits are preserved, but administrative control and the legislative vehicle change (clauses 5–6, 9–11)."},"complexity_factors":["Cross-references to multiple PGPA Act subsections (78(1)(a),(b),(c),(d) and 78(3)) requiring readers to consult the Act for full effect.","Transitional mechanics: transfer of opening balance from the prior SOETM account and timed repeal of Part 3 create sequencing obligations.","Automatic repeal of prior instrument (SOETM instrument) and partial, time‑limited repeal of definitions increases procedural detail.","Designation of accountable authority (CEO of Austrade) centralises decision power but requires administrative setup for authorisations and record-keeping.","Broad, non‑technical formulation of permitted credits and debits (trust moneys, service receipts, repayments) leaves room for administrative interpretation.","A clause allowing reduction of the special account balance without a payment (notional adjustment) is a less common accounting mechanism that implementers must handle."],"plain_english_summary":"This determination creates the \"Austrade SOETM Special Account 2018\", places responsibility with the Chief Executive Officer of Austrade, and transfers the existing balance from the prior SOETM account into the new account. The account may receive trust moneys and payments for services and be used to disburse those funds to non‑Commonwealth beneficiaries, other governments or entities, or to repay amounts required by law. It also repeals the previous SOETM instrument and sets a short transitional timetable for related definitions and provisions."}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-austrade-soetm-special-account-2018","history":"/api/acts/pgpa-act-determination-austrade-soetm-special-account-2018/history","analysis":"/api/acts/pgpa-act-determination-austrade-soetm-special-account-2018/analysis","conflicts":"/api/acts/pgpa-act-determination-austrade-soetm-special-account-2018/conflicts","importantCases":"/api/acts/pgpa-act-determination-austrade-soetm-special-account-2018/important-cases","documents":"/api/acts/pgpa-act-determination-austrade-soetm-special-account-2018/documents"}}